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HomeMy WebLinkAboutPC Resolution _6211- Case SP 11-004 Regional Business Center Sign ProgramRESOLUTION NO. 6211 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF PALM SPRINGS, CALIFORNIA, APPROVING CASE SP 11-004, ALLOWING THE IMPLEMENTATION OF A SIGN PROGRAM FOR THE PROPERTY LOCATED AT 3111 EAST TAHQUITZ CANYON WAY. WHEREAS, the City of Palm Springs (the Applicant"), has filed an application with the City pursuant to Section 93.20.05 of the Sign Ordinance for a sign program located at 3111 East Tahquitz Canyon Way, APN: 502-210-023, Zone CC, Section 13; and WHEREAS, notice of public meeting of the Planning Commission of the City of Palm Springs to consider Case No. SP 11-004 was given in accordance with applicable law; and WHEREAS, on June 20, 2011, a public meeting on the application for an architectural recommendation was held by the Architectural Advisory Committee in accordance with applicable law; and WHEREAS, on June 22, 2011, a public meeting on the application for architectural approval was held by the Planning Commission in accordance with applicable law; and WHEREAS, the proposed project is considered a "project" pursuant to the terms of the California Environmental Quality Act ("CEQA"), and has been determined to be Categorically Exempt as a Class 11 exemption (accessory structures) pursuant to Section 15311(a) of the CEQA Guidelines; and WHEREAS, the Planning Commission has carefully reviewed and considered all of the evidence presented in connection with the hearing on the project, including, but not limited to, the staff report, and all written and oral testimony presented. THE PLANNING COMMISSION HEREBY FINDS AS FOLLOWS: Section 1: Pursuant to the California Environmental Quality Act (CEQA), the project is Categorically Exempt under Section 15311(a)(Accessory Structures). Section 2: Section 93.20.09 stipulates three findings that are required for a sign program to be approved that deviates from the strict provisions of the Sign Ordinance. The Planning Commission finds that: 1.) Due to the physical characteristics of the property and the orientation and design of the structures on the property, strict application of the regulations of the sign ordinance will not give adequate visibility to the signage. Planning Commission Resolution No. 6211 Case SP 11-004 Regional Business Center Sign Program June 22, 2011 Page2of2 The subject property is a 9-acre site and northerly building includes two tenants that currently do not have street frontage. The sign ordinance requires that a business have street frontage for identification and its strict application would not allow any main signage. Therefore, strict application of the sign ordinance would not provide adequate visibility to the tenant's main signage. 2) The approved program will be compatible with the design of the property and will represent the least departure from the standards of the sign ordinance necessary for the effectiveness of the program. The approved program will allow a unified and consistent design for all three signs. These types of signs have been approved on similar modern buildings in the area. The deviations will represent the least departure from the sign ordinance while providing adequate signage for the center and individual tenants. 3.) The approved program is compatible with the surrounding property and not contrary to the purpose of the sign ordinance. The subject property is located in a Civic Center District Zone. Buildings in the immediate area have similar signs with brushed aluminum, pin - mounted letters. Therefore, the approved program is compatible with the surrounding properties and not contrary to the purpose of the sign ordinance. NOW, THEREFORE, BE IT RESOLVED that, based upon the foregoing, the Planning Commission hereby approves Case No. SP 11-004, subject to those conditions set forth in Exhibit A. ADOPTED this 22"d day of June 2011. AYES: 5, Donenfeld, Conrad, Munger, Roberts and Chair Caffery NOES: None ABSENT: 1, Hudson ABSTAIN: 1, Klatchko ATTEST: CITY OF PALM SPRINGS, CALIFORNIA X- K Resolution No. 6211 Exhibit A Case No. SP 11-004 Sign Program 3111 East Tahquitz Canyon Way APN: 502-210-023 June 22, 2011 CONDITIONS OF APPROVAL Before final acceptance of the project, all conditions listed below shall be completed to the satisfaction of the City Engineer, the Director of Planning Services, the Chief of Police, the Fire Chief or their designee, depending on which department recommended the condition. Any agreements, easements or covenants required to be entered into shall be in a form approved by the City Attorney. ADMINISTRATIVE CONDITIONS ADM 1. The proposed development of the premises shall conform to all applicable regulations of the Palm Springs Zoning Ordinance, Municipal Code, or any other City Codes, ordinances and resolutions which supplement the zoning district regulations. ADM 2. The owner shall defend, indemnify, and hold harmless the City of Palm Springs, its agents, officers, and employees from any claim, action, or proceeding against the City of Palm Springs or its agents, officers or employees to attach, set aside, void or annul, an approval of the City of Palm Springs, its legislative body, advisory agencies, or administrative officers concerning Case SP 11-004. The City of Palm Springs will promptly notify the applicant of any such claim, action, or proceeding against the City of Palm Springs and the applicant will either undertake defense of the matter and pay the City's associated legal costs or will advance funds to pay for defense of the matter by the City Attomey. If the City of Palm Springs fails to promptly notify the applicant of any such claim, action or proceeding or fails to cooperate fully in the defense, the applicant shall not, thereafter, be responsible to defend, indemnify, or hold harmless the City of Palm Springs. Notwithstanding the foregoing, the City retains the right to settle or abandon the matter without the applicant's consent but should it do so, the City shall waive the indemnification herein, except, the City's decision to settle or abandon a matter following an adverse judgment or failure to appeal, shall not cause a waiver of the indemnification rights herein. Resolution No. 6211 Conditions of Approval SP 11-004 Sign Program for Regional Business Center 3111 East Tahquitz Canyon Way June 22, 2011 Page 2 of 2 ADM 3. The decision of the Planning Commission may be appealed to the City Council pursuant to Chapter 2.05 of the Palm Springs Municipal Code. PLANNING DEPARTMENT CONDITIONS PLN 1. It shall be the sole responsibility of the owner of the property and/or tenant or agent to restore all mounting surfaces (i.e. walls, facades, windows, railings, etc.) to a condition closest to the original condition upon removal of any sign from the premises. PLN 2. Approval shall be valid based on the sign amortization schedule in section 93.20.11 of the Palm Springs Zoning Ordinance. PLN 3. All signs shall comply with the Uniform Building Code regulations. PLN 4. All non -approved signage must be removed as part of this approval. PLN 5. The applicant shall provide all tenants with a copy of the sign program and all Conditions of Approval for this project. 0 PLN 6. Added by Planning Commission. The font style shall be modified to Univers Thin Ultra Condensed or a similar font approved by the Director of Planning Services. BUILDING DEPARTMENT CONDITIONS BLD 1. Prior to any construction on -site, all appropriate permits must be secured. END OF CONDITIONS